Product Patent Rights. Subject to Section 8.3.6 and Section 2.4.4.2(b), Merck will have the sole right and authority, but not the obligation, to prepare, file, prosecute and maintain the Product Patent Rights covering or claiming such Licensed Product on a worldwide basis and to be responsible for any related interference, re-issuance, re-examination and opposition proceedings, in each case, at Merck’s sole expense.
Product Patent Rights. Notwithstanding Section 7.3.2, during the Research Program Term, with respect to the Patent Rights constituting or claiming Product IP (“Product Patent Rights”), DICERNA shall:
(a) [***]
(b) [***]
(c) [***] [***] [***] [***].
Product Patent Rights. As between the Parties, Xxxxxx shall have the initial right to file, prosecute and maintain the Product Patent Rights, at Allena’s expense. In the event that Xxxxxx desires to abandon any Product Patent Right, or if Xxxxxx later declines responsibility for any Product Patent Right, Xxxxxx shall provide reasonable prior written notice to Xxxxxx of such intention to abandon or decline responsibility (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Product Patent Right with the U.S. Patent & Trademark Office or any foreign patent office), and Xxxxxx shall have the right, at its expense, to prepare, file, prosecute, and maintain such Product Patent Right
Product Patent Rights. As between the Parties, Xxxxxx shall have the first right, but not the obligation, to enforce the Product Patent Rights against any and all actual or suspected infringements of any Product Patent Rights by Third Parties making, using or selling in the Field in the Territory a product that is or may be competitive with a Licensed Product (“Competitive Infringement”), and Xxxxxx shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Xxxxxx fails to bring any such action or proceeding within (as [***] days following the notice of alleged infringement or (b) [***] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Xxxxxx shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Xxxxxx shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. In the event a Party brings an infringement action in accordance with this Section 6.2(b), the other Party shall, at the enforcing Party’s expense, cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither Party shall have the right to settle any patent infringement litigation under this Section 6.2(b) that includes any agreement or admission that any of the Product Patent Rights is invalid or unenforceable or that imposes any restriction or obligation on the other Party without the prior written consent of the other Party, which shall not be unreasonably withheld.
Product Patent Rights manufacture, use, offer for sale, sell and import this product
Product Patent Rights. Athenex shall be primarily responsible for and control the preparation, filing, prosecution, and maintenance of the Product Patent Rights in the Territory. Athenex shall, at its own cost, file, prosecute, and maintain all Product Intellectual Property in the Territory after considering XPH’s reasonable interests and requests after reasonable consultation with XPH. Athenex shall provide XPH with advance copies of, and a reasonable opportunity to comment upon, proposed patent filings, related prosecution strategies and proposed correspondence with patent officials, all to the extent in the Territory and relating to any of the Product Patent Rights that form part of the Athenex Technology, and will consider comments received from XPH with respect to such proposed filings, strategies and correspondence in the Territory in good faith and will not unreasonably reject such comments. Athenex agrees to discuss in good faith any changes reasonably requested by XPH to such filings, strategies and correspondence in the Territory upon their being received. As relevant to the activities and interests of XPH under this Agreement, Athenex shall promptly inform XPH in writing of any change in the status of the Product Patent Rights in the Territory.
Product Patent Rights. Except as otherwise specifically set forth in Section 10.3, Progenics shall have all rights and responsibility, in its sole discretion, for the prosecution of patent applications and maintenance and enforcement of patents related to any Product or otherwise useful for the development, Manufacture or commercialization of any Product.
Product Patent Rights. Xxxxxxx shall have the first right to enforce a Product Patent Right with respect to any Third-Party Infringement, and to defend any declaratory judgment action with respect thereto, at its own expense and by counsel of its own choice and in the name of Xxxxxxx (or a Xxxxxxx Affiliate) and shall notify F-star of such enforcement actions. 5209973 v18
Product Patent Rights. ImmunoGen, acting through patent counsel or agents of its choice, shall have the sole right to prepare, file, prosecute, and maintain (including responding to inter partes reviews, post-grant reviews, and similar oppositions in other jurisdictions) at ImmunoGen’s sole expense all Product Patent Rights. ImmunoGen shall [***] of all Product Patent Rights. ImmunoGen shall [***], and ImmunoGen shall [***] relating thereto, including [***]. ImmunoGen’s obligations and [***] under this Section 8.2.1 with respect to any particular Product Patent Rights shall terminate on the expiration of all Jazz Options with respect to all Collaboration Products covered or claimed by the applicable Product Patent Rights or Jazz’s earlier exercise of its Opt-Outs with respect to all such Collaboration Products.
Product Patent Rights. Promptly after the Effective Date, [***] shall [***] and shall take all actions and execute all documents reasonably necessary for [***] the prosecution, maintenance, and defense of the Product Patent Rights. [***], acting through patent counsel or agents of its choice, shall have the right, but not the obligation, in its sole discretion, to prepare, file, prosecute, and maintain Product Patent Rights (including by responding to any office action or filing other formal papers related to any appeal, reissue, inter partes review, post-grant review, opposition or any other patent office or court proceeding worldwide involving Product Patent Rights covered by this section 9.2.4 (collectively, “Patent-Related Filings”)), provided that [***] shall [***]. With respect to prosecution of Product Patent Rights, [***] will provide [***] with a copy of any proposed Patent-Related Filing for review and comment reasonably in advance of filing. [***] will [***] that such filing [***]. [***] shall also provide [***] a reasonable time prior to taking or failing to take any action that would affect the scope or validity of any Product Patent Rights (including the substantial narrowing, cancellation or abandonment of any claim(s) without retaining the right to pursue such subject matter in a separate application, or the failure to file or perfect the filing of any claim(s) in any country), with prior written notice of such proposed action or inaction so that [***] has a reasonable opportunity to review and comment and consider assuming responsibility for such Product Patent Rights pursuant to Section 9.3.2 of this Agreement.
